Features of the Interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Application of the Practice of the European Court of Human Rights in the Administration of Justice in Ukraine

Abstract

The purpose of the article is to study the issues of the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms and the application of European Court of Human Rights practice in the administration of justice in Ukraine in the light of the establishment of pan-European standards of legal order. The paper studies the European Court of Human Rights practice on the application of the mentioned act, which has accumulated European experience in the field of human rights provision and established universal European standards in this sphere, which are increasingly influencing on the development of national legal systems. Methodology. The methodological basis of the research combines general scientific and specific scientific concepts, theories and methods. In particular, the systematic method was used while analyzing the implementation of European standards in national legislation as a single, mutually coherent and agreed system. Common epistemological methods of cognition were used – induction, deduction, analysis and synthesis, which made it possible to study the theoretical and logical essence of the interpretation of the ECHR. The scientific novelty. The approach proposed in that paper makes it possible to define the main perspectives and ways of improving the mechanism of application and interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms and the usage of the European Court of Human Rights case law in national court practice. Conclusions. The jurisdiction of the European Court of Human Rights covers all questions concerning the interpretation and application of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto. According to the law on ratification, Ukraine fully recognizes within its territory the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and application of the Convention. Consequently, the European Court of Human Rights decisions are the official interpretations of the Convention, and therefore the application of the decisions of the European Court of Human Right is simultaneously the application of the Convention. It is defined that this such an approach is enshrined in the procedural legislation of Ukraine, in court sphere concerning the application of the Convention and ECtHR practice is ensured by the introduction of the relevant changes and provisions of the precedent law created by the ECtHR decisions into national law.

Keywords: Convention for the Protection of Human Rights and Fundamental Freedoms; European Court of Human Rights; precedent decisions; justice; human rights promotion.